|
More Debtors Find Their Pay Being Garnished
by Creditors
൷ дѴ.
(PHOENIX, New York Times, April 2, 2010) — When the bank
sued Leann Weaver for not paying her credit card balance,
her reaction was typical for someone in that situation.
Personal and financial setbacks weighed her down, and she
knew she owed the $2,470. So she never went to court to
defend herself.
ũ
׳ฦ
׳
ް
ִ
ٸ
-
,
й
׳ฦ
߰
׳
ڽ
ȣ
ʾҴ.
She
was startled by what happened next. When she swiped her
debit card at the grocery store, it was declined.
Ÿ
׳ฦ
ô
ߴ.
Ͽ
׳
ī带
Ҵ
ܰ
ٴ
ǰ
ٰ
Ѵ.
It turned out Capital One Bank had taken
$224.25 from her paycheck, a quarter of her wages for two
weeks of work at a retail chain, and her bank account was
overdrawn.
˰
׳
ũ
īȸ翴
ij
׳
$225.25
̴.
2ֵ
ҸŰ迡
ؼ
Աݵ
౸¿
̾.
Theyre
kicking somebody whos already in the dirt, she said.
()
߷
־.
׳
ߴ.
One of the worst economic downturns of modern
history has produced a big increase in the number of
delinquent borrowers, and creditors are suing them by the
millions.
翡
ɰ
Ұӿ
ü
ϰ
ְ
鸸
ϰ
ִ.
Concern is mounting in government and among
consumer advocates that the debtors are not always getting a
fair shake in these cases.
Һ
ȣü
λ̿
äڵ
Ǹ
ħĵǰ
ִ
Ϳ
Ҹ
Ŀ
ִ.
Most consumers never offer a defense, and
creditors win their lawsuits without having to offer proof
of the debts, much less justify to a judge the huge interest
charges and penalties they often tack on.
Ҽ
κ
Һڵ
ѹ
ȣ
ȸ
ϰ
ִ
ä
߶
ϳ
¼Ҹ
ϰ
ִµ
ΰŲ
û
ݸ
ڿ
Ƽ
缺
ǻ翡
ʿ䵵
̴.
After winning, creditors can secure a court
order to seize part of the debtors paycheck or the funds in
a bank account, a procedure called garnishment.
ϰ
¼Ҹ
ִ
Ǹ
ι
౸¿
µ
Garnishment (ϽƮ)
´´.
No national statistics are kept, but the pay
seizures are rising fast in some areas — up 121 percent in
the Phoenix area since 2005, and 55 percent in the Atlanta
area since 2004.
谡
ϴ
ƴ
Ư
ϽƮ
̽
ϰ
ִ
–
Ƕн
2005
ص
121%
߰
Ʋٿ
2004
ص
55%
ߴ.
In
Cleveland, garnishments jumped 30 percent between 2008 and
2009 alone.
Ŭ忡
2008
2009
̿
ϽƮ
̽
30%
ߴ.
Debt
collectors say they are being forced into the action by
combative debtors who dodge attempts to settle.
ݷ͵
äڵ
ƹ
å
ʰ
ֱ
ϽƮ
ȴٰ
Ѵ.
I think theres a lack of accountability
among debtors, and a lack of interest in reaching out to
their creditors to resolve things amicably, said Fred N.
Blitt, president of the National Association of Retail
Collection Attorneys.
Ҹž
ݷ
ȣ
ȸ
ȸ
(
ô
ִ)
äڵ
åӰ
ǹ
ȣ
µ
ʰ
ִ
ߴ.
Bankruptcy can clear away most debts. Yet
sweeping changes to federal law in 2005 — pushed by the
banking lobby — complicated that process and more than
doubled the average cost of filing, to more than $2,000.
äڵ
Ļ
ؼ
κ
谨
ִ.
2005
κ
з
Ļ
Һڵ
Ļ
ûϴµ
ް
ϴ
ʷ
Ļ
û
ϴµ
뵵
ι谡
Ѵ
$2,000
λ״.
Many low-income debtors must save for months
before they can afford to go broke.
ҵ
ε
Ļû
ϱ
ؼ
ƾ
ϴ
ִ.
In some states, courts allow creditors to
charge high interest rates for years after a lawsuit is
decided in their favor. In others, creditors can win
lawsuits by default and seize wages and bank accounts
without a case ever appearing before a judge.
ֿ
¼
Ŀ
ڸ
ΰ
ֿ
ǻ
ޱ
äڵ
౸¿
ֵ
ϰ
ִ.
Lack of
participation is the most fundamental problem.
ذϱ
ȭ
¿
ʿ
ٴ
ū
.
Some consumers do not even know they are
being sued; the people who are supposed to serve them with
formal notice have sometimes been caught skipping that step
and doctoring the paperwork.
Һڵ
Ҽ
ߴ
ִ
鵵
ִ.
쿣
Ҽ
ʰ
ؼ
Ҽ
Ŵ
ϵ
ִ.
In far more cases, consumers are served but
still do not offer a defense. Few can afford lawyers; others
are intimidated or confused. In their absence, judges can
offer little relief.
κ
Ҽ
Һڵ
Ǵ
ȣ
Ѵ.
η
ȥ
ô
ǰ
ȣ
찡
.
In the rare event that a consumer battles
back, creditors frequently lack the documentation to prove
their claim, and cases are dropped.
ִ
ƴ
ϰ
Ǹ
䱸
ʾ
Ҽ
쵵
ִ.
That is because many past-due debts are owned
not by the banks that issued them, but by debt collectors
who bought, for cents on the dollar, a list of names and
amounts due.
װ
ü
ī
Ҽ
Ŵ
ƴ϶
̹
ݷ
氪
Ⱦ
ѱ
̱
Ʈ
ִ
ݷ
õ
մԱ¿
ü
ϰ
찡
ֱ
̴.
ִ
մԵ
̸
ü
߶
̱
ϴ.
If the
consumers were armed with more education about how to defend
against these debts, theyd be successful, said Jeffrey
Lipman, a civil magistrate in Des Moines.
,
Һڵ
ڽŵ
ȣϴµ
ʿ
ְ
Ǹ
ֽϴ
̳
λǻ
ߴ.
The case of Sidney Jones shows how punishing
the system can be. In January 2001, Mr. Jones, 45, a
maintenance worker from California Crossroads, Va., took out
a $4,097 personal loan from Beneficial Virginia, a subprime
lender now owned by HSBC, the big bank.
õ
츦
.
45
ƼĿ
2001
1
$4,097
ڸ
ִ.
߿
ϳ
HSBC
Ҽ
Ǿ.
He fell behind, and Beneficial sued. Mr.
Jones did not appear in court.
Ǽ
Ҽ߰
״
ʾҾ.
I just
thought they were going to take what I owed, he said.
Ҽۿ
׳
˾,
ߴ.
By default, Beneficial won a judgment of
$4,750, plus $900 in lawyers fees, with the debt accruing
interest at 27.55 percent until paid in full. The bank
started garnishing his wages in March 2003.
Ǽ
$4,750
900
Ҽۺ
ļ
ǰṮ
Ƴ´µ
27.55%
ݸ
ΰ
ֵ
ߴ.
2003
Ͻϱ
ߴ.
Over the next six years, the bank deducted
more than $10,000 from Mr. Joness paychecks, but he made
little headway on his debt.
6⵿
ϽƮ
ѱ
ϸ
Ѿ
ϰ
ִ.
According to a court order secured by
Beneficials lawyers last spring, he still owed the company
$3,965, a sum nearly equal to the original loan amount. Mr.
Jones, who did not graduate from high school, was baffled.
$3,965
ִ.
پ
Ȳ
ִ.
Where did all this money go that I paid
them? he said. Dale Pittman, a consumer law lawyer in
Petersburg, Va., took Mr. Joness case without charge, and
found that all but $134 of his payments had gone toward
interest, fees and court costs.
ߴ
ϱ?
Ѵ.
ֱ
ȣ
6Ⱓ
$134
ϽƮ
ڿ
Ҽۺ
µ
Ǿٴ
˾Ƴ´.
Its a perfectly legal result under Virginia
law, Mr.Pittman said.
Ͼ
ֹϿ
չԴϴ.
HSBC said it ceased collection shortly after
Mr. Pittman took the case, but declined further comment.
ȣ簡
ϰ
ʾ
HSBC
ϽƮ
ܿ
ƹ
亯
ʾҴ.
We are confident we are treating our
customers fairly and with integrity, Kate Durham, a
spokeswoman for HSBC North America, said in an e-mail
message.
Ϲ
HSBC
뺯
Ʈ
Ծ
̸
츮
ϰ
ϰ
ִ
ߴ.
The rare debtors who press their claims, and
catch a sympathetic judge, have a shot at a result more to
their liking.
Ư
쿣
ǻ
缭
ٷ
äڵ鵵
ʴ.
Ruth M. Owens, a disabled Cleveland woman,
was sued by Discover Bank in 2004 for an unpaid credit card.
Ms. Owens offered a defense, sending a handwritten note to
the court.
Ŭ귣忡
ϰ
ִ
ü
羲
2004
Ŀ
ī
Ȳ
Ҽ
߾.
״
ߴ.
After paying
my monthly utilities, there is no money left except a little
food money and sometimes it isnt enough, she wrote.
Ŵ
ƿƼ
̸Ʈ
ϰ
ϴ
ʿ
ܿ
°
ϴ
.
Robert Triozzi, a judge at the time, heard
the case. He found that over a period of several years, Ms.
Owens had paid nearly $3,500 on an original balance of
$1,900.
ǻ
$1,900
ݿ
Ⱓ
ߴ
$3,500
ٴ
˾Ҵ.
But Discover was suing her for $5,564, mostly
for late fees, compound interest, penalties and other
charges. He called Discovers actions unconscionable and
threw the case out.
Ŀ
Ƽ
ڸ
ؼ
$5,564
䱸ߴ.
ǻ
Ŀ
䱸
̶
Ǹϰ
Ҽ
Ⱒ״.
Discover defended its actions.
Ŀ
䱸
ȭϷϰ
ִ.
This account
was placed with an attorney only after all other efforts to
reach the card member were exhausted, Matthew Towson, a
bank spokesman, said in an e-mail message.
īƮ
츮
ϰ
Ŀ
Ҽ
̴
뺯
ߴ.
Going to court is no guarantee of victory, of
course. Consumers who do go are sometimes intercepted by
collection lawyers, who press them to sign papers settling
without a trial.
¼ҷ
Ǵ
ƴϴ.
äڵ
ڴٰ
ϸ
ݷ
ȣ
äڰ
ϴ
ؼ
Ѵ.
These settlements may be against the
interests of debtors, but they sign anyway.
äڵ鿡
Ҹ
찡
.
äڵ
ϴ
ۿ
ϰ
.
Were signing off on a lot of settlement
agreements where we shake our heads and ask, Why is this
person settling to this? Judge Lipman said.
ǻ
ǻ
ְ
Ǽ
ؾ
ϴ
찡
̷
Ҹ
Ǽ
ϴ
ڴ
ȴٰ
Ѵ.
For the working poor, losing a lawsuit can
mean disaster.
뵿
ҵ
ùε鿡
Ҽۿ
ٴ
ذ
.
A 1968 federal
law exempts 75 percent of a workers wages, or 30 times the
minimum wage per week, from being taken in garnishment —
whichever is less. But increases in the minimum wage have
failed to keep up with inflation.
1969
뵿
75%
Ǵ
ֱ
30踦
ϽƮ
ȣ
ְ
Ǿ
ִ.
̴ϸ
ᰡ
÷̼
߱
ȣ
ȿ
۾
Դ.
As federal law stands now, just $217.50 a
week is exempt from seizure. (A few states set higher
cutoffs.)
Ͽ
$217.50
п
ܹް
ִ
(ٸ
ִ
ū
åǾ
ֱ
ϴ).
The working
poor have difficulties maintaining payments on lifes
necessities with their full paycheck, said Angela Riccetti,
a lawyer with Atlanta Legal Aid who represents indigent
clients whose wages are being garnished.
ҵ
뵿ڵ
η
ǰ
ڶϴ.
Һ
ȣ
Ƽ
Ѵ.
You lose 25
percent of it and everything folds. For Leann Weaver, the
woman at the grocery store, Capital Ones lawsuit made a bad
situation worse.
25%
Ұ
Ǹ
Դϴ.
ǰ
ī
ߴ
츦
ijŻ
Ҽ
Ȳ
ȭŰ
ۿ
.
After being evicted from her apartment, she
moved in with her grandparents. Without them, she might have
ended up on the street or in a shelter, she said.
Ʈ
Ŵ
ҸӴ
̻
.
ҸӴϰ
ٸ
׳
Ȩ
־
̴.
Capital One declined to comment on Ms.
Weavers case.
ijŻ
̽
źߴ.
We encourage anyone facing difficulties
meeting their financial obligations to contact us right
away, Tatiana Stead, a bank spokeswoman, said in an e-mail
message.
ijŻ
뺯,
ŸƼƳ
Ƽ徾
̸
,
ó
ٷ
츮
ȭ
ϱ⸦
ϴ
Դϴ
ߴ.
Ms. Weaver said she repeatedly asked Capital
One for more time to pay her $2,470 debt, but last year the
bank filed suit.
ijŻ
$2,470
ī
ֵ
ð
ȣ
ᱹ
۳
Ҽ
ɾ
̴.
She failed to show up in court, and a
judgment was entered against her, swollen by $1,800 in
interest and lawyers fees.
Ÿ
ʾҰ
ǰ
ݰ
$1,800
Ҽۺ
ԵǾ
Դ.
Then the garnishment began, almost $500 a
month, or a quarter of her pay.
౸
۵Ǿ,
׳
25%
$500
Ŵ
.
I cant even
look at my paychecks anymore, she said.
ý
ϰ
ִ
Դϴ
׳
źߴ.
This story originally appeared in the The New
York Times
丮
Ÿ
ǷȽϴ.
번역:
토마스 박
(경제닷컴
Econ.LA GyungJe.com)
원본:
http://www.cnbc.com/id/36149434/
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